Do only investigators have the right to interrogate the suspect in Vietnam?

Do only investigators have the right to interrogate the suspect in Vietnam?

Pursuant to Article 183 of the Criminal Procedure Code 2015 stipulates suspect interrogation as follows:

1. Investigators, upon the issuance of a decision to charge a suspect, shall interrogate suspects. A suspect may be interrogated at the investigated scenes or at suspects' place of residence. Investigators, before interrogating a suspect, must inform procurators and defense counsels of the time and location for interrogation. Procurators, if necessary, shall participate in the suspect interrogation.

2. Investigators, before conducting the first session of interrogation, must explain to the suspect his rights and duties as defined in Article 60 of this Law. Such activities shall be recorded in writing.

If there are several suspects, they shall be separately interrogated and prevented from interacting with each other. A suspect may be permitted to write his statements.

3. Suspect interrogation does not occur at night, unless otherwise indispensable. Reasons must be clarified in the written record.

4. Procurators interrogate suspects, who claim innocence or complain of investigative activities, or in the presence of grounds showing investigative activities' non-compliance with laws or in other events deemed necessary. Procurators’ suspect interrogation shall be governed by this Article.

5. Investigators, investigation officers, procurators and checkers extorting statements and torturing suspects shall incur criminal liabilities as per the Criminal Code.

6. Suspect interrogation at a detention facility or the office of investigation authorities or units assigned to investigate shall be recorded by sound or sound-and-visual means.

Suspect interrogation at various places shall be recorded by sound or sound-and-visual means at the requests for the suspect or competent procedural authorities and persons.

Thus, usually, suspect interrogation is conducted by the investigator immediately after the decision to charge a suspect is issued. The suspect may be interrogated at the place of investigation or at his or her residence in Vietnam.

However, for the Procuracy, here the procurator also has the right to interrogate the suspect in case the suspect makes unjustified claims, complains about investigative activities or has grounds to determine that the investigation violates the law or in other cases when deemed necessary in Vietnam.

Therefore, the interrogation of the suspect is not only within the competence of the investigator but also the procuracies, the person conducting the interrogation is the procurator.

Best Regards!